After Vanila Lounge Bar and Club Cabana now it is the time of Club Cabana

PANJIM: After Vanila Lounge Bar and Club Cabana, now another night club in Anjuna finds itself in the midst of midst of a controversy, allegedly for not paying the lease amount to the government, thereby causing loss to public exchequer, besides indulging in CRZ violation.



However, the Division bench of Justice DB Bhosale and Justice NA Britto observing that the Court can't take every public duty, directed the concerned departments Goa Coastal Zone Management Authority (GCZMA) and Goa Tourism Development Corporation (GTDC) to look into the matter. The Court then dismissed the petition.



An ordinary citizen, Rutul Sharma, had filed a petition in the High Court to challenge the inaction on the part of GCZMA in respect of the illegal construction carried out by Nandagopal Kudchadkar at Anjuna. It is alleged by the petitioner that Kudchadkar is carrying out an illegal commercial activity of running a discotheque/ night cub named and styled as "Club Paradiso" under the garb of running a restaurant.



According to Sharma, in May 2007, he noticed certain blatant illegal structure being erected in close proximity to the beach in the CRZ III area. On inquiry, he learnt that the property belongs to GTDC and Kudchadkar, who is running a nightclub and restaurant known as "Club Paradiso" at the property, has obtained the said property on lease.



Therefore on June 16,2007, the petitioner approaches the GCZMA highlighting the illegal structures erected by Kudchadkar and calls upon the authority to take immediate action, but in vain. Meanwhile, Sharma under the Right to Information Act learns from GTDC that they had leased the said property to Kudchadkar on October 30, 2001, on a annual lease rent of Rs 5,07,000, yet till date no lease deal has been executed by GTDC in favour of Kudchadkar.



It is further learnt that the accounts and arrears due till July 6, 2007 is Rs 15,32,250 and no action has been initiated by GTDC for recovery of dues.



The High Court has asked GCZMA to decide the matter, whether the structures are legal or illegal within a period of 8 weeks from today. The Court has also stated that it is open for GCZMA to take appropriate action against the alleged construction if found to be illegal and in violation of CRZ regulation.



Further, the Court observed that it is open for the petitioner to make a representation to GTDC, within a week's time. The Court directed that if the petitioner makes a representation, then the same should be decided within a period of 12 weeks, after giving opportunity of being heard to the petitioner and Kudchadkar.



Advocate Shivan Dessai appeared on behalf of the petitioner, while the public prosecutor Winnie Coutinho represented the state government and GCZMA. The counsel for Anjuna village panchayat was advocate Nitin Sardessai and the counsel for GTDC was senior counsel Saresh Lotlikar.